



|
WHEREAS, Presidential Decree No. 1949 promulgated on 18 July 1984, established the Judiciary Development Fund "for the benefit of the members and personnel of the Judiciary to help ensure and guarantee the independence of the Judiciary as mandated by the Constitution and public policy and required by the impartial administration of justice," and to "safeguard the integrity of its members;" WHEREAS, Section 1 of the Decree provides that the "Fund shall be derived from, among others, the increase in the legal fees prescribed in the amendments to Rule 141 of the Rules of Court to be promulgateed by the Supreme Court;" WHEREAS, the phrase "among others" in Section I of the Decree logically refers to such sources as may be prescribed or defined by the Supreme Court, having in view the purpose for which the Judiciary Development fund is established, i.e., "to help ensure and guarantee the independence of theJudiciary" and the constitutional mandate that the "Judiciary shall enjoy fiscal autonomy" (Sec. 3, Art. VIII, Constitution); WHEREAS, the Court's authority to determine, fix and prescribe such other sources of the Judiciary Development Fund is affirmed in the third WHEREAS clause of Presidential Decree No. 1949 that "the Judiciary, in the discharge of its functions and duties, can generate its own funds and resources to help augment its budgetary requirements and ensure the uplift of its members and personnel." (Italics supplied for emphasis); WHEREAS, considering the greatly increased cost of living, the devaluation of the peso and inflation, on the one hand, and the urgent need to attract more qualified lawyers and individuals to the Judiciary Development Fund by (a) increasing the docket and other fees prescribed in Rule 141 of the Rules of Court, wih due regard to the constitutional guarantee that free access to the courts shall not be denied to any person by reason of poverty (Sec. 11, Article III, Constitution), and (b) determining, fixing and prescribing other sources of the Judiciary Development Fund; NOW,
THEREFORE, in order to augment the Judiciary
Dvelopment
Fund created by P. D. No. 1949, The Supreme Court hereby RESOLVES:
2.
To DECLARE
as part of the Judiciary Development Fund the following:
(bb) unserviceable equipment and pieces of furniture (such as vehicles, computers, typewriter, chairs, tables, etc.); (cc) disposable records or papers; and
(4) Rentals of facilties.
(c)
Fees now
authorized to be paid or collected by sheriffs, such as sheriff's
commissions. (f) Confiscated cash bonds, satisfaction of judgments against bonds, and proceeds from the public sale of confiscated property bonds, in both civil and criminal cases where such bonds were posted.
This Resolution shall not bar the future determination of other sources
of the Judiciary Development Fund.
This Resolution shall take effect on 1 November 1999 and shall be published in two newspaper of general circulation in the Philippines.
Let copies of this Resolution be furnished the Office of the President,
the Senate President, the Speaker of the House Representatives, and the
Secretaries of the Department of Budget and Management, Department of
Finance
and the Department of Justice.
Promulgated this 14th day September 1999.
|


|
|
|
|



|
|
|
|
|
Harvard Computer Systems, Inc. |
|
|
|

